21 and in concluding that offsetting forward contracts in foreign currency constituted capital transactions: These offsets clearly constitute both "closure" under section 1233 and a sufficient sale or exchange under the general capital provisions to mandate capital treatment here. * * * [Id.] As use of the term "compensate" was not controlling in Hoover Co. v. Commissioner, 72 T.C. at 249, use of the term "cancellation" by petitioners in connection with the settlement of loss legs of their forward contracts is not controlling and should not mislead us here. Respectfully, we believe that the Court of Appeals for the District of Columbia Circuit in Stoller v. Commissioner, 994 F.2d 855, 856-857, erred in not recognizing the above case authority and holdings that establish the "closure" or "sale or exchange" nature of the termination of offsetting forward contracts. Upon closing by offset of forward contracts, the transaction is terminated and extinguished, settlement between the parties occurs at that time, and no contracts remain in effect. This is illustrated clearly in Appendix A-1 hereto under the caption "Straddles Opened And Closed -- 1980". The four forward contracts under this caption were opened on June 20, 1980, and were settled and closed 10 days later on June 30, 1980, by four offsetting forward contracts. After June 20, 1980, in spite of the fact that four offsetting forward contracts were entered intoPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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